Judge swap coming in Collins' desalination trial

A change in judges is under way in the criminal case of a former county water board member accused of conflict of interest in connection with the failed regional desalination project.

Chief Deputy District Attorney Terry Spitz said Wednesday that Judge Pamela Butler concluded that the pending trial of Steve Collins would disrupt her already busy calendar, and she decided to seek a retired judge to take over the case. Spitz said Judge Stephen Sillman is believed to be a leading option, though retired judges Robert Moody, John Phillips and William Curtis were being considered.

Sillman's possible appointment to hear a motion by Collins' defense attorney Dan Clymo to dismiss the charges, and potentially to conduct the trial, was discussed during a scheduling conference on Wednesday. Prosecutor Stephanie Hulsey said a court hearing was scheduled for Aug. 29 about who should be assigned to hear the dismissal motion.

Clymo did not immediately respond to requests for comment from The Herald on Wednesday.

The shift in judges could create more delay in a case that already has suffered delays. One came when Collins declared he could no longer afford his original legal team, Michael Lawrence and Juliet Peck. After the county Public Defender's Office declared a conflict of interest, the county Alternate Defender's Office found San Francisco-based attorney Michael Burt, who was assigned to the case.

Burt, a renowned federal death penalty legal adviser, missed at least two scheduled court hearings, drawing an admonition from Judge Butler that he should be ready to go to trial at some point this year. He was eventually relieved from the case when he told the court he couldn't be ready by the original October trial date.

After Clymo was assigned to represent Collins on May 31, the trial was rescheduled to start Jan. 27.

The case has been potentially complicated by reports that district attorney investigators interviewed former Marina Coast Water District board member Ken Nishi after he wrote an opinion piece published in The Herald last month. In it, he said he had attended meetings with county officials, including supervisors, in which Collins' paid consulting work on the regional desal project was discussed openly.

Collins is accused of conflict of interest for being paid more than $160,000 by RMC Water and Environment after he helped arrange for the firm to receive a county contract to manage the desal project, which fizzled partly because of that.

Among Collins' contentions in his defense is that supervisors Lou Calcagno and Dave Potter sanctioned his arrangement with RMC.

Collins has pleaded not guilty to more than three dozen charges, including grand theft for allegedly charging Castroville artichoke grower Ocean Mist Farms for public meetings that he never attended or that never occurred. Other charges allege he accepted payment for official acts and attempted to dissuade witnesses against him.